Public Sector eBulletin, March 2009

DMH Stallard  
DMH Stallard Public Sector eBulletin - March 2009 24 Mar 2009

Mark Dent
Jenny Thorp
Partner

01293 605061
jenny.thorp@dmhstallard.com

Welcome to the March edition of the Public Sector eBulletin.

In this issue, we continue to examine the widespread problem of illegal hoardings and the options local authorities have when seeking damages. We also examine some of the finer detail of procurement law and highlight a number of issues that local authorities should be aware of when considering development and regeneration projects.

We also take a look at changes to the Housing and Regeneration Act 2008 set to be introduced this April; the new guidelines issued by the Information Commissioner's Office with regards to the Freedom of Information Act; and some important cases relating to Employment law that public sector organisations should be aware of. Full articles appear below and I hope you find them both useful and interesting.

Our Public Sector Group continues to be very active in the sector and we will once again be speaking at the Local Government Weekend School that is being held at Warwick University from 26 - 29 March. We look forward to seeing many of you there.

Our Public Sector Group works closely with in-house teams and develops long-term relationship that ensure we deliver an efficient and cost effective service. Our aim is to help public sector organisations to reduce their legal spend by streamlining the way they work with their legal advisers.
  
If you have any queries arising from any of the articles then please email me at jenny.thorp@dmhstallard.com

Jenny Thorp
Partner

Meet the Public Sector Group

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In this issue
Article Control of advertising - recent successes for local authorities
In our December 2008 bulletin, we set out some of the options for local authorities in tackling the widespread problem of illegal hoardings, and we highlighted the possibility of local authorities seeking damages where the illegal hoarding was located on council land. Since then there have been two further decisions in the High Court which may assist local authorities in dealing with the issue. [Full Story]
Article Procurement Problems in Development & Regeneration
Whilst European procurement law has been with us for some time now, basic land transactions are exempt and so it has not caused those involved in straight-forward local authority real estate transactions too much concern. However, procurement law does raise a number of issues in local authority development and regeneration projects. [Full Story]
Article Family Intervention Tenancies, available from 1 January 2009
The Housing and Regeneration Act 2008 has introduced a new form of tenancy that can be granted by local authorities and registered social landlords for families who have been involved in anti-social behaviour. Set within the context of a Family Intervention Project, which requires multi-agency support for families in seeking to address persistent anti-social behaviour, the new form of tenancy will be an option where the tenant is likely to be evicted on the grounds of anti-social behaviour or in the opinion of the landlord could have been so evicted. [Full Story]
Article The Tolerated Trespasser reformed by the Housing and Regeneration Act 2008
The Housing and Regeneration Act 2008 is set to make wide ranging changes to the housing system in England and Wales, and this article looks at how the Act will address the problems created by the concept of ‘tolerated trespasser’. [Full Story]
Article ICO gets tough on data law and issues new FOIA guidance
Data protection and freedom of information have dominated the news agenda of late - the first week of March saw the Information Commissioner's Office getting tough on the construction industry and the use of blacklist information regarding prospective contractors and issuing a new report on record management practices. [Full Story]
Article Employment Appeals Tribunal considers TUPE
In a recent case the Employment Appeals Tribunal has considered the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) where the transferring employees’ contracts of employment incorporate a collective agreement which applies to more than just the transferring employees. [Full Story]
Article Right to Legal Representation at Internal Disciplinary Hearings: Schools Beware
The High Court has held that in certain circumstances an employee has the right to request to be accompanied at internal disciplinary hearings by a legal representative, and not just a colleague or trade union representative. [Full Story]

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